Hospitals (and their employees) don't "file charges," they make reports of suspected abuse. Kansas law requires and doctors, nurses, mental health and other medical professionals report any suspected abuse (as defined by specific criteria). The failure to do so may result in the filing of disciplinary or licensure revocation proceedings against that professional.
When a mandatory report is made, that report may be referred for prosecution if it comes within the objective criteria set. The Prosecutor then reviews the report and other information, deciding (within objective criteria) whether to file charges.
Spousal privilege does not protect a person against being charged with domestic partner abuse -- or any other crime. Spousal privilege protects only confidential communications between spouses about certain matters. It does not protect against the disclosure of facts or behaviors.
The desires of a domestic abuse victim to not file a complaint is not a consideration in deciding whether or not to file. Police are mandated to arrest a suspected perpetrator regardless whether the victim desires to prosecute. It is the state that prosecutes crimes, not the victim.
This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed to practice only in Kansas. Seek legal advice from an attorney in your state or the state in which your legal claim exists.
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